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Central Government Act

Section 108 in The Code Of Criminal Procedure, 1973

108. Security for good behaviour from persons disseminating seditious matters.

(1) When[ an Executive Magistrate] 2 receives infor- mation that there is within his local jurisdiction any person who, within or without such jurisdiction,-

(i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,-

(a) any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 295A of the Indian Penal Code (45 of 1860 ), or

(b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amount to criminal intimidation or defamation under the India Penal Code (45 of 1860 ),

(ii) makes, produces, publishes or keeps for sale, imports, export conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 292 of the Indian Penal Code (45 of 1860 ),

1. Ins. by Act 45 of 1978, S. 11 (w. e. f. 18. 12. 1978 ).

2. Subs by Act by 63 of 1980, S. 2 (w. e. f. 23. 9. 1980 ).

and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

(2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 (25 of 1867 ), with reference to any matter contained in such publication except by the order or under tile authority of the State Government or some officer empowered by the State Government in this behalf.